Tuesday 22nd November 2022
Issue No. 42
C O N T E N T S
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| Notices |
| Fixing Notice |
| Calling List |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
N O T I C E
Please note the Offices of the Court of Session will be closed for a public holiday on Monday 5th December 2022.
Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994;
Motions for Tuesday 6th December 2022 must be enrolled no later than 4.00pm on Thursday 1st December 2022 and may be opposed until 12:30pm on Friday 2nd December 2022.
Motions for Wednesday 7th December 2022 must be enrolled no later than 4.00pm on Friday 2nd December 2022 and may be opposed until 12:30pm on Tuesday 6th December 2022.
Opposition and enrolment dates return to normal. Thereafter.
Cases lodged for calling;
Cases lodged for calling up to 12:30pm on Friday 2nd December 2022 will call on Tuesday 6th December 2022.
Cases lodged for calling after 12:30pm on Friday 2nd December 2022 and until 4.00pm that day, will call on Wednesday 7th December 2022.
Cases lodged for calling up to 12:30pm on Tuesday 6th December 2022 will call on Thursday 8th December 2022.
Normal service will resume thereafter.
N O T I C E
The CMT Office will be closed due to a Public Holiday on Monday 5th December 2022.
Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays listed above.
| Intimation date | Opposition Date | Motion Lodged Date |
| 30/11/2022 | 02/12/2022 | 06/12/2022 |
| 01/12/2022 | 06/12/2022 | 07/12/2022 |
| 02/12/2022 | 07/12/2022 | 08/12/2022 |
| 06/12/2022 | 08/12/2022 | 09/12/2022 |
Intimation, opposition and enrolment dates return to normal, thereafter.
N O T I C E
OPPOSED AND STARRED MOTIONS
The procedure for the allocation of opposed and starred motions will now be as follows:
When an opposition to a motion or an automatic starred motion is lodged during term time, the Keeper’s Office will allocate a date for the motion to call a minimum of 2 days ahead. Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.
An email will be sent to parties setting out the proposed date, Judge and clerk. The clerk will then liaise with parties to agree a time for the motion to call. This is to ensure opportunity is provided for representations to be made about the form of the hearing.
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FIXING N O T I C E
The Keeper’s office is currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs:
Personal Injury 4 day Proofs - 27th June 2023
Personal Injury Proofs requiring more than 4 days - 15th August 2023
Ordinary Action Proofs requiring more than 4 days - 17th January 2023
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COURT OF SESSION
CALLING LIST
Tuesday 22nd November
| 1 | A301/21 Muhammad Akram v Madhia Chaudry | Aberdein Considine & Co |
| 2 | CA87/22 Capita Business Services Ltd v The Common Services Agency for the Scottish Health Service | Addleshaw Goddard |
| 3 | CA86/22 John Deighan v Georgios Kantopoulos | Campbell Smith WS LLP |
| 4 | A226/21 Scottish Power UK Plc v Doosan Babcock Ltd | Shepherd & Wedderburn LLP |
| 5 | PD484/22 Daniel Kilcullen v Marmac Services Ltd &c | Thompsons |
| 6 | PD483/22 Gillian Kelly &c v James Lamont & Co Ltd | Thompsons |
| 7 | F104/22 Gordon Angus v Nadia Angus | Brodies LLP |
| 8 | PD463/22 John Orr v Balfour Beatty Kilpatrick Ltd &c | Thompsons |
| 9 | A238/22 Marlene Hepburn v Hector Hepburn | Drummond Miller LLP |
| 10 | PD416/22 May Duncan &c v Tamaris (South East) Ltd | Digby Brown LLP |
| 11 | A259/22 North East Machinery Sales Ltd v Barry Mackland &c | Brodies LLP |
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N O T I C E
INNER HOUSE
All substantive business in the Inner House i.e. hearings not dealing with procedural business as defined by Rule 37A.1(2) of the Court of Session Rules will be conducted in person, however the court may allow parties to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Inner House, such as leave/permission to proceed hearings, will be conducted virtually or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
OUTER HOUSE
All first instance hearings in the Outer House including proofs, debates and judicial review hearings will be conducted in-person, however the court may allow parties or their witnesses to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Outer House, including applications for permission to proceed in judicial review petitions, and preliminary and procedural hearings in the Commercial court, will be conducted using Webex or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
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OUTER HOUSE ROLLS
LORD TURNBULL – R Hamilton, Clerk
Court 12 - Parliament House
Thursday 24th November
By Order
| A61/20 Rona Gow &c v John Lamb | BTO Solicitors LLP | | |
Starred Motion
| COS/A154-22 F v Gordon Chalmers &c | A & W M Urquhart | Clyde & Co (Scotland) LLP | |
Starred Motion
at 2.00pm
| COS/PD485-20 Karen Kerr v NSL Ltd | Digby Brown LLP | Plexus Law Ltd | |
LORD CLARK – C Munn, Clerk
Court 6 - Parliament House
Thursday 24th November
Procedural Hearing
between 9.00am and 9.30am
| CA117/20 Donald MacDonald &c v Roderick MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
| CA4/21 Donald MacDonald &c v Roderick MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
| CA5/21 Donald MacDonald &c v Roderick MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
Case Management Hearing
| A260/20 Carole Barker v Lothian Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order
| A289/16 Margaret Gallagher v Arthur Horsey &c | Kennedys Scotland | MBM Commercial LLP | |
LORD ERICHT – D Facchini, Clerk
Court 8 - Parliament House
Thursday 24th November
By Order
between 9.00am and 9.30am
| P384/21 Pet: Lakemanse Ltd for Interdict | Wright, Johnston & MacKenzie | DLA Piper Scotland LLP | |
Continued Procedural Hearing
between 9.30am and 10.00am
| CA54/18 Silverburn Trustee Ltd v Lendlease Construction (Europe) Ltd | Brodies LLP | Pinsent Masons LLP | |
LADY CARMICHAEL – N Marchant, Clerk
Court 12 - Parliament House
Thursday 24th November
By Orders
at 9.00am
| AD14/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: SV | Harper MacLeod | | |
| AD15/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: SK | Harper MacLeod | | |
| AD16/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: ST | Harper MacLeod | | |
| AD17/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: SS | Harper MacLeod | | |
| AD18/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: SS | Harper MacLeod | | |
Starred Motion
| COS/PD424-21 AN v The Boys’ Brigade &c | Thompsons | Clyde & Co (Scotland) LLP | |
In terms of Rule of Court 49, a proof has been allowed in the following action:
| COS/F67-22 Gwen Carr v Ibrahim Opebiyi | T C Young LLP | SKO Family Law Specialists | |
LORD ARTHURSON – L Cranston, Clerk
Court 11 - Parliament House
Thursday 24th November
Starred Motion
| P100/22 Pet: Alpha Panareti Public Ltd for Registration of a Judgement | TLT LLP | Lindsays LLP | |
LORD HARROWER – S Alexander, Clerk
Court 7 - Parliament House
Thursday 24th November
Judicial Review- Oral Hearing
between 9.00am and 9.30am
| P484/22 Pet: Hoang Phan for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
Continued Debate
between 2.00pm and 4.00pm
| CA95/21 Ashtenne Caledonia Ltd v Mahmood Saleem | Brodies LLP | Harper MacLeod LLP | |
| CA96/21 Ashtenne Caledonia Ltd v Denny Enterprises International Ltd | Brodies LLP | Harper MacLeod LLP | |
| CA97/21 Ashtenne Caledonia Ltd v Denny Enterprises International Ltd | Brodies LLP | Harper MacLeod LLP | |
LORD BRAID – R Hamilton, Clerk
Court 12 - Parliament House
Thursday 24th November
By Order
between 9.00am and 9.30am
| CA22/22 Consort Healthcare (Edinburgh Royal Infirmary) Ltd v Engie Services Ltd | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | |
TO BE ALLOCATED
Thursday 24th November
By Order
| A86/22 Shield (Insurance Consultants) Ltd v Dundee City Council | Plexus Law | Clyde & Co (Scotland) LLP | |
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INNER HOUSE ROLLS
SECOND DIVISION
Thursday 24th November
Inner House – By Order
at 9.45am
| P58/22 Pet: The Scottish Legal Complaints Commission re: section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007 | Harper MacLeod LLP | T C Young LLP | |
EXTRA DIVISION
Thursday 24th November
Procedural Hearing
| P922/21 Reclaiming Motion (Lord Clark) Pet: Note - West Larkin Ltd for orders in terms of the Insolvency Act 1986 | Curries Gilmour & Co | TLT LLP | BLM Solicitors |
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